Appeal rejected

Laneyboo

Hey all, long time since i have been on the forums and alas its a crappy parking charge i come back to ask advice on!

Parked in a TK Maxx car park *i'm in Scotland btw* for 15 mins on double yellows as i had my son with me and I have a Blue Badge and came out of the shop to find a PCN for £90. I was unaware the car-park was private land and assumed it was council rules where you can park on double yellows with a disabled badge. I was so quick that i met the car park attendant who had just applied the charge to my windscreen when i returned to my car who told me he "didn't care" and as he has previously slapped a PCN on my car that i'll "have to pay that one too!" .. all said with a giant roll-up hanging out of his mouth.. :mad:

I wrote to Smart Parking with a copy of my blue badge, they then informed re the private land and said the PCN remains and requires payment.

I understand i just ignore this from now on but it really irks me that there car park attendant was so very rude (i complained about this in my original 'appeal' email aswell) and they are very clearly not being fair in charging £90.. I feel that as this car park attendant has previously slapped 2 PCN's on my car for displaying my blue badge on my visor and not on my dashboard he is discriminating against me and this is now like some sort of personal vendetta.

Where should i go from here, or should i simply ignore the above.

Thanks in advance x

ManxRed

Did they provide a POPLA code with their rejection?

You should complain to the BPA Ltd (copied to the DVLA) that Smart Parking are in breach of the BPA Code of Practice, specifically clause 16.5, and you want to know what action they propose to take.

16.5

If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices.

You should also complain to TK Maxx that they are (by virtue of the actions of their agent Smart Parking) potentially in breach of the Equality Act 2010.

Fruitcake

Laneyboo wrote: »

Hey all, long time since i have been on the forums and alas its a crappy parking charge i come back to ask advice on!

Parked in a TK Maxx car park *i'm in Scotland btw* for 15 mins on double yellows as i had my son with me and I have a Blue Badge and came out of the shop to find a PCN for £90. I was unaware the car-park was private land and assumed it was council rules where you can park on double yellows with a disabled badge. I was so quick that i met the car park attendant who had just applied the charge to my windscreen when i returned to my car who told me he "didn't care" and as he has previously slapped a PCN on my car that i'll "have to pay that one too!" .. all said with a giant roll-up hanging out of his mouth.. :mad:

I wrote to Smart Parking with a copy of my blue badge, they then informed re the private land and said the PCN remains and requires payment.

I understand i just ignore this from now on but it really irks me that there car park attendant was so very rude (i complained about this in my original 'appeal' email aswell) and they are very clearly not being fair in charging £90.. I feel that as this car park attendant has previously slapped 2 PCN's on my car for displaying my blue badge on my visor and not on my dashboard he is discriminating against me and this is now like some sort of personal vendetta.

Where should i go from here, or should i simply ignore the above.

Thanks in advance x

As long as you appealed as keeper and didn't let on who was driving you are OK to ignore. In fact you should not have engaged with the parking company or the attendant at all as there is no keeper liability in Scotland. In other words it is OK to ignore a PCN in Scotland.

If however you have revealed who was driving you should have thje opportunity to make a second stage appeal. If the parking company are members of the BPA then they should have provided you with a PoPLA code. If it is the other mob you can still appeal but it will be rejected as it is a kangaroo court.

However, you could take the PPC to court for breaching the Equality Act 2010 and a strong complaint to the landowner are in order, also with threats of court action.

Umkomaas

No POFA, no POPLA in Scotland.

@OP - ignore anything from Smart other than any real (Sheriff's) court papers - don't worry, highly unlikely, never seen one get to a courtroom in Scotland yet.

You should hassle TK Maxx (if it is they who contract with the PPC) and tell them that should they not provide an apology from the parking drone and from Smart Parking themselves (both acting as their agents) you will pursue TK Maxx under the Equality Act 2010, where a minimum compensation payment for harassment and hurt feelings is £500.

Let them see that there are consequences for them in employing a
PPC to harass their customers.

Hassle can be a two-way street.

ManxRed

They sometimes offer POPLA though, it's not unknown.

It would be good if the OP could confirm (or otherwise).

Laneyboo

They haven't mentioned POPLA code or anything in neither the written demand for payment or their appeal rejection e-mail.

As the original appeal was via their online form i cant remember my exact wording but i'm sure i would of admitted I parked where I did (at which point i believed i was rightfully doing so as I didn't realise the BB rules don't apply in private car parks).

Thanks so far guys..

ManxRed

Do they mention anything about a further appeal to anyone?? Or is that it, as far as they're concerned?

Definitely complain to the BPA Ltd about their breach of clause 16.5.

And definitely complain to TK Maxx and mention their liability for a potential Equality Act breach.